Req. No. 766 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 55 By: Stanley AS INTRODUCED An Act relating to the Oklahoma National Gua rd Educational Assistance Act; amending Section 1, Chapter 24, O.S.L. 2022 (70 O.S. Supp. 202 2, Section 3231), which relates to creation of the Oklahoma National Guard Educational Assist ance Program; increasing maximum number of hours in a gr aduate program for which assistance may be provided; modifying eligibility cr iteria; removing language regarding repayment of assistance under certain circumstances; providing for ineligibility under certain circumstances; modifying language regarding submission of certai n hardship waiver request; updating statutory references; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY Section 1, Chapter 24, O.S.L. 2022 (70 O.S. Supp. 2022, Section 32 31), is amended to read as follows: Section 3231. A. This act shall be known and may be c ited as the “Oklahoma National Guard Educational Assistance Act”. B. As used in this act: 1. “Oklahoma educational insti tution” means an institution of higher education within The Oklahoma State System of Higher Education; Req. No. 766 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. “Eligible Guard member” means a current member of the Oklahoma National Guard in good standing who has a high school diploma or who has completed General Educational Development (GED) requirements and who has secured admission to and enrolled in an Oklahoma educational institution; 3. “Graduate program” means a program offered by an Oklahoma educational institution that leads to the award of a master’s degree; 4. “Program” means the Oklahoma National Guard Educational Assistance Program established pursuant to the provisions of this section; and 5. “Undergraduate program” means a program offered by an Oklahoma educational institution that leads to the award of an associate’s degree or a baccalaureate degree. C. There is hereby created the Oklahoma National Guard Educational Assistance Program to provide assistance to eligible Guard members who enroll in an Oklahoma educational institution. Subject to the availability of funds, t he amount of assistance shall be equivalent to the amount of resident tuition, mandatory fees, and academic service fees for courses in which the eligible Guard member is enrolled, not to exceed a maximum of eighteen (18) credit hours each semester. 1. The amount of assistance provided to an eligible Guard member enrolled in an undergraduate program shall not exceed a Req. No. 766 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maximum of one hundred twenty (120) credit hours in pursu it of an associate’s degree and/or a baccalaureate degree. 2. Subject to the assistance for eli gible Guard members enrolled in undergraduate programs being fully funded, assistance shall be provided to an eligible Guard member with a baccalaureate degree enrolled in a graduate program. The amount of assistance provided to an eligible Guard member e nrolled in a graduate program shall not exceed a maximum of forty (40) sixty (60) credit hours in pursuit of a master’s degree. 3. Assistance provided pursuant to this section shall be granted without any limitation other than the amount of fun ds available for the Program and the number of eligible Guard members who apply. 4. Assistance allowed by this section shall not be allowed for courses taken in excess of the requireme nts for completion of an undergraduate program or a graduate program, whichever is applicable for the eligible Guard member. D. Assistance provided pursuant to this section shall be allocated to the Oklahoma educational institution from the Oklahoma National Guard Educational Assis tance Revolving Fund created pursuant to Section 2 of this act Section 3232 of this title. E. To be eligible to apply for the Program, an eligible Guard member shall: Req. No. 766 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Have have at least one (1) year ninety (90) days remaining on his or her enlistment contract at the beg inning of any semester for which the member applies for assistance pursuant to this section; 2. Agree in writing to complete his or her current service obligation in the Oklahoma Nationa l Guard; and 3. Agree in writing to serve actively in good standing with the Oklahoma National Guard for not less than twenty-four (24) months after completion of the last semester for which the member receives assistance pursuant to this section. F. To retain eligibility for the Program, an eligible Guard member shall: 1. Maintain good academic standing a nd satisfactory academic progress according to stand ards of the Oklahoma educational institution in which the member is enrolled; 2. Maintain the requ irements for retention and degree completion as established by the Ok lahoma educational institution in which the member is enrolled; 3. Maintain a minimum grade point average of 2.0 on a 4.0 scale; and 4. Maintain satisfactory participation in the Oklahoma National Guard. G. An eligible Guard member seeking assistance pursuant to the provisions of this sec tion shall submit an application on a form Req. No. 766 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prescribed by the Military Department of the State of Oklahoma to the Educational Service Office of the Military Department prior to the semester for which assistance is sought. The eligible Guard member’s Commander or his or her designee shall confirm a member’s standing and eligibility to the Oklahoma educational institution in which the student is enrolled. H. The eligible Guard member’s Commander may deny an application submitted by an eligible Guard member for continued Program assistance if he or she fails to comply with the provision s of paragraph 1, 2, or 3 of subsection F of this section . I. An eligible Guard member who has received Program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this sectio n shall be required to repay an amount to be calculated as follows: 1. Determine the total amount of assistance provided pursuant to the provisions of this section; 2. Divide the amount determined in paragraph 1 of this subsection by twenty-four (24); and 3. Multiply the amount determined in paragraph 2 of this subsection by the number of months the member did not fulfill the requirements of paragraph 4 of subsection F of this section. Repayments shall be deposited into the Oklahoma National Guard Educational Assistance Revolving Fund created pursuant to Section 2 of this act ineligible for future assistance . Req. No. 766 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 J. An eligible Guard member who has received Program as sistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section due to hardship circumstances may request a waiver from repayment. A submit a waiver request shall be submitted in writing to the Adjutant General. K. J. By July 1 annually, the Oklahoma State Re gents for Higher Education shall notify the Adjutant General o f the amount of funding available in the Okl ahoma National Guard Educati onal Assistance Revolving Fund created pursuant to Section 2 of this act Section 3232 of this title. L. K. The Oklahoma State Regents for Higher Education shall promulgate rules to implement the provision s of this act the Oklahoma National Guard Educational Assistance Act including deadlines for submission of applications required by subsection G of this section. The Adjutant General may promulgate regulations to implement the provisions of this act. SECTION 2. This act shall become effective July 1, 2023. SECTION 3. It being immediately necessary for the preservation of the public peace, health, or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval. 59-1-766 EB 12/20/2022 9:17:38 AM